United States v. Hicks, No. 19-590 (2d Cir. 2021)
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Defendant was convicted of marijuana conspiracy but acquitted of cocaine and cocaine base conspiracy and a related firearms charge. The jury was unable to reach a verdict as to the charge of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO). After a second jury trial, defendant was convicted of the RICO conspiracy count and sentenced by the district court principally to 360 months' imprisonment for both the marijuana conspiracy and RICO conspiracy counts of conviction.
The Second Circuit affirmed, concluding that the district court's decision to admit evidence of defendant's involvement in cocaine or cocaine base trafficking during his retrial on the RICO conspiracy charge did not violate the prohibition against double jeopardy. The court also concluded that the district court did not err by denying defendant's motion to disqualify his codefendant's counsel and instead severe defendant's trial. The court considered defendant's remaining arguments and concluded that they lacked merit.
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